HCS CSSB 67(JUD): "An Act relating to claims for personal injury or wrongful death against health care providers."
00 HOUSE CS FOR CS FOR SENATE BILL NO. 67(JUD) 01 "An Act relating to claims for personal injury or wrongful death against health care 02 providers." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 SHORT TITLE. This Act may be known as the Alaska Medical Injury Compensation 07 Reform Act of 2005. 08 * Sec. 2. AS 09.55 is amended by adding a new section to read: 09 Sec. 09.55.549. Limitation on damages. (a) Notwithstanding AS 09.17.010, 10 noneconomic damages for personal injury or death based on the provision of services 11 by a health care provider may only be awarded as provided in this section. 12 (b) In an action to recover damages for personal injury or wrongful death 13 based on the provision of services by a health care provider, damages may include 14 both economic and noneconomic damages.
01 (c) Damage claims for noneconomic losses shall be limited to compensation 02 for pain, suffering, inconvenience, physical impairment, disfigurement, loss of 03 enjoyment of life, loss of consortium, and other nonpecuniary damage, but may not 04 include hedonic damages. 05 (d) Except as provided in (e) of this section, the damages awarded by a court 06 or a jury under (c) of this section for all claims including a loss of consortium claim or 07 other derivative claim arising out of a single injury or death may not exceed $250,000 08 regardless of the number of health care providers against whom the claim is asserted 09 or the number of separate claims or causes of action brought with respect to the injury 10 or death. 11 (e) The damages awarded by a court or jury under (c) of this section for all 12 claims including a loss of consortium claim or other derivative claim arising out of a 13 single injury or death may not exceed $400,000 regardless of the number of health 14 care providers against whom the claim is asserted or the number of separate claims or 15 causes of action brought with respect to the injury or death when damages are awarded 16 for wrongful death or severe permanent physical impairment that is more than 70 17 percent disabling. 18 (f) Multiple injuries sustained by one person as a result of a single course of 19 treatment shall be treated as a single injury for purposes of this section. 20 (g) In this section, 21 (1) "economic damages" means objectively verifiable monetary losses 22 incurred as a result of the provision of, use of, or payment for, or failure to provide, 23 use, or pay for health care services or medical products, and includes past and future 24 medical expenses, loss of past and future earnings, cost of obtaining domestic services, 25 burial expenses, loss of use of property, cost of replacement or repair, loss of 26 employment, and loss of business or employment opportunities; 27 (2) "health care provider" has the meaning given in AS 09.55.560 and 28 includes a state agency or municipality the health care services of which are the 29 subject of an action that is subject to this section; 30 (3) "hedonic damages" means damages that attempt to compensate for 31 the pleasure of being alive.
01 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 APPLICABILITY. This Act applies to suits against health care providers and to 04 malpractice claims that are subject to an agreement to arbitrate initially filed on or after the 05 effective date of this Act.